CODE OF FEDERAL REGULATIONS TITLE 30 MINERAL RESOURCES CHAPTER VII DEPARTMENT OF THE INTERIOR, OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ("OSM" or "OSMRE") Permanent Program Final Rules 44 FR 14902, 15312 (March 13, 1979) In consideration of the foregoing, 30 CFR Chapter VII is amended as follows: 1. Certain existing parts of 30 CFR Ch. VII are recodified into subchapters as follows: a. Parts 700, 705, and 706 are recodified as a new Subchapter A General. b. Parts 710, 715 through 718, 720 through 723, and 725 are recodified as a new Subchapter B Initial Program Regulations. c. Part 890 is recodified as a new Subchapter S Mining and Mineral Research Institutes. 2. The following existing parts of 30 CFR Ch. VII are redesignated and recodified into subchapters as follows: a. Part 830 is redesignated as Part 865 and recodified in a new Subchapter P Protection of Employees. b. Part 740 is redesignated as Part 735 and recodified in a new Chapter C Permanent Regulatory Programs in States. 3. Part 700 is revised to read as set forth below. 4. The following new parts are added to 30 CFR Ch. VII as set forth below: a. Parts 701 and 707 are added to Subchapter A. b. Parts 730 733 and 736 are added to Subchapter C. c. A new Subchapter D consisting of Parts 740 745. d. A new Subchapter F consisting of Parts 760 762, 764, 765, and 769. e. A new Subchapter G consisting of Parts 770, 771, 776, 778 780, 782 788, 795. f. A new Subchapter J consisting of Parts 800, 805, 806 809. g. A new Subchapter K consisting of Parts 810, 815 820, 822 828. h. A new Subchapter L consisting of Parts 840, 842, 843, and 845. 5. Subchapter R Abandoned Mine Lands Reclamation which was added October 25, 1978 (43 FR 49932) remains in place. 6. As amended, the table of contents for 30 CFR Chapter VII reads as follows: *** TABLE OF CONTENTS SUBCHAPTER A - GENERAL 30 CFR Part 700 GENERAL 30 CFR Part 701 PERMANENT REGULATORY PROGRAM 30 CFR Part 705 RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES 30 CFR Part 706 RESTRICTION ON FINANCIAL INTERESTS OF FEDERAL EMPLOYEES 30 CFR Part 707 EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT - FINANCED HIGHWAY OR OTHER CONSTRUCTION SUBCHAPTER B - INITIAL PROGRAM REGULATIONS [Text of these Parts omitted] 30 CFR Part 710 INITIAL REGULATORY PROGRAM 30 CFR Part 715 GENERAL PERFORMANCE STANDARDS 30 CFR Part 716 SPECIAL PERFORMANCE STANDARDS 30 CFR Part 717 UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS 30 CFR Part 721 FEDERAL INSPECTIONS 30 CFR Part 722 ENFORCEMENT PROCEDURES 30 CFR Part 723 CIVIL PENALTIES 30 CFR Part 724 INDIVIDUAL CIVIL PENALTIES 30 CFR Part 725 REIMBURSEMENTS TO STATES SUBCHAPTER C - PERMANENT REGULATORY PROGRAMS FOR NON-FEDERAL AND NON-INDIAN LANDS 30 CFR Part 730 GENERAL REQUIREMENTS 30 CFR Part 731 SUBMISSION OF STATE PROGRAMS 30 CFR Part 732 PROCEDURES AND CRITERIA FOR APPROVAL OR DISAPPROVAL OF STATE PROGRAM SUBMISSIONS 30 CFR Part 733 MAINTENANCE OF STATE PROGRAMS AND PROCEDURES FOR SUBMITTING FEDERAL ENFORCEMENT OF STATE PROGRAMS AND WITHDRAWING APPROVAL OF STATE PROGRAMS 30 CFR Part 735 GRANTS FOR PROGRAM DEVELOPMENT AND ADMINISTRATION AND ENFORCEMENT 30 CFR Part 736 FEDERAL PROGRAM FOR A STATE SUBCHAPTER D - FEDERAL LANDS PROGRAM 30 CFR Part 740 GENERAL REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS FOR FEDERAL LANDS 30 CFR Part 741 PERMITS 30 CFR Part 742 BONDS AND LIABILITY INSURANCE ON FEDERAL LANDS 30 CFR Part 743 INSPECTIONS, ENFORCEMENT, AND CIVIL PENALTIES - FEDERAL LANDS 30 CFR Part 744 PERFORMANCE STANDARDS FOR FEDERAL LANDS 30 CFR Part 745 STATE-FEDERAL COOPERATIVE AGREEMENTS SUBCHAPTER E [RESERVED] SUBCHAPTER F - AREAS UNSUITABLE FOR MINING 30 CFR Part 760 GENERAL 30 CFR Part 761 AREAS DESIGNATED BY ACT OF CONGRESS 30 CFR Part 762 CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS 30 CFR Part 764 STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS 30 CFR Part 765 DESIGNATING LANDS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS UNDER A FEDERAL PROGRAM FOR A STATE 30 CFR Part 769 PETITION PROCESS FOR DESIGNATION OF FEDERAL LANDS AS UNSUITABLE FOR ALL OR CERTAIN TYPES OF SURFACE COAL MINING OPERATIONS AND FOR TERMINATION OF PREVIOUS DESIGNATIONS SUBCHAPTER G - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PROCEDURES SYSTEMS 30 CFR Part 770 GENERAL REQUIREMENTS FOR PERMIT AND EXPLORATION PROCEDURE SYSTEMS UNDER REGULATORY PROGRAMS 30 CFR Part 771 GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS 30 CFR Part 776 GENERAL REQUIREMENTS FOR COAL EXPLORATION 30 CFR Part 778 SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION 30 CFR Part 779 SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES 30 CFR Part 780 SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN 30 CFR Part 782 UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION 30 CFR Part 783 UNDERGROUND MINING PERMIT APPLICATIONS- MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES IN THE PERMIT AND ADJACENT AREAS 30 CFR Part 784 UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN 30 CFR Part 785 REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING 30 CFR Part 786 REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS 30 CFR Part 787 ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS BY REGULATORY AUTHORITY ON PERMIT APPLICATIONS 30 CFR Part 788 PERMIT REVIEWS; REVISIONS AND RENEWALS AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS SUBCHAPTER H - SMALL OPERATOR ASSISTANCE 30 CFR Part 795 PERMANENT REGULATORY PROGRAM - SMALL OPERATOR ASSISTANCE PROGRAM SUBCHAPTER J - BOND AND INSURANCE REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS 30 CFR Part 800 GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND OPERATIONS UNDER REGULATORY PROGRAMS 30 CFR Part 805 AMOUNT AND DURATION OF PERFORMANCE BOND 30 CFR Part 806 FORM, CONDITIONS AND TERMS OF PERFORMANCE BONDS AND LIABILITY INSURANCE 30 CFR Part 807 PROCEDURES, CRITERIA AND SCHEDULE FOR RELEASE OF PERFORMANCE BOND 30 CFR Part 808 PERFORMANCE BOND FORFEITURE CRITERIA AND PROCEDURES 30 CFR Part 809 BONDING AND INSURANCE REQUIREMENTS FOR ANTHRACITE SURFACE COAL MINING AND RECLAMATION OPERATIONS SUBCHAPTER K - PERMANENT PROGRAM PERFORMANCE STANDARDS 30 CFR Part 810 PERMANENT PROGRAM PERFORMANCE STANDARDS - GENERAL PROVISIONS 30 CFR Part 815 PERMANENT PROGRAM PERFORMANCE STANDARDS- COAL EXPLORATION 30 CFR Part 816 PERMANENT PROGRAM PERFORMANCE STANDARDS- SURFACE MINING ACTIVITIES 30 CFR Part 817 PERMANENT PROGRAM PERFORMANCE STANDARDS- UNDERGROUND MINING ACTIVITIES 30 CFR Part 818 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING 30 CFR Part 819 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - AUGER MINING 30 CFR Part 820 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - ANTHRACITE MINES IN PENNSYLVANIA 30 CFR Part 822 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALLEY FLOORS 30 CFR Part 823 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND 30 CFR Part 824 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - MOUNTAINTOP REMOVAL 30 CFR Part 825 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - SPECIAL BITUMINOUS COAL MINES IN WYOMING 30 CFR Part 826 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES 30 CFR Part 827 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS- COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINESITE OR NOT WITHIN THE PERMIT AREA FOR A MINE 30 CFR Part 828 SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - IN SITU PROCESSING SUBCHAPTER L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES 30 CFR Part 840 STATE REGULATORY AUTHORITY: INSPECTION AND ENFORCEMENT 30 CFR Part 842 FEDERAL INSPECTIONS AND MONITORING 30 CFR Part 843 FEDERAL ENFORCEMENT 30 CFR Part 845 CIVIL PENALTIES SUBCHAPTER P - PROTECTION OF EMPLOYEES 30 CFR Part 865 PROTECTION OF EMPLOYEES SUBCHAPTER R - ABANDONED MINE LAND RECLAMATION [Text of these Parts omitted] 30 CFR Part 870 ABANDONED MINE RECLAMATION FUND - FEE COLLECTION AND COAL PRODUCTION REPORTING 30 CFR Part 872 ABANDONED MINE RECLAMATION FUNDS 30 CFR Part 874 GENERAL RECLAMATION REQUIREMENTS 30 CFR Part 877 RIGHTS OF ENTRY 30 CFR Part 879 ACQUISITION, MANAGEMENT, AND DISPOSITION OF LANDS AND WATER 30 CFR Part 882 RECLAMATION ON PRIVATE LAND 30 CFR Part 884 STATE RECLAMATION PLANS 30 CFR Part 886 STATE AND TRIBAL RECLAMATION GRANTS CODE OF FEDERAL REGULATIONS TITLE 30- MINERAL RESOURCES CHAPTER VII- DEPARTMENT OF THE INTERIOR, OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ("OSM" or "OSMRE") Permanent Program Final Rules 44 FR 14902, 15312 (March 13, 1979) SUBCHAPTER A - GENERAL 30 CFR Part 700 - GENERAL 30 CFR 700.1 Scope. 30 CFR 700.2 Objective. 30 CFR 700.3 Authority. 30 CFR 700.4 Responsibility. 30 CFR 700.5 Definitions. 30 CFR 700.11 Applicability. 30 CFR 700.12 Petitions to initiate rulemaking. 30 CFR 700.13 Notice of citizen suits. 30 CFR 700.14 Availability of records. 30 CFR 700.15 Computation of time. AUTHORITY: Sections 102, 201, 304, 405, 407, 412, 501, 510, 512, 515, 516, 517, 520, 523, 527, 528, 529, 701, 708, 719 Pub. L. 95-87, 91 Stat. 448, 449, 454, 459, 462, 466, 467, 480, 483, 486, 495, 498, 503, 510, 513, 514, 515, 516, 521, 526 (30 U.S.C. 1202, 1211, 1224, 1235, 1237, 1242, 1251, 1260, 1262, 1265, 1266, 1267, 1270, 1273, 1277, 1278, 1279, 1291, 1298, 1309). 30 CFR Sec. 700.1 SCOPE The regulations in Chapter VII of 30 CFR, consisting of Parts 700-899, establish the procedures through which the Secretary of the Interior will implement the Surface Mining Control and Reclamation Act of 1977 (Pub. L. 95- 87, 91 Stat. 445 (30 U.S.C. section 1201 et. seq.)).Chapter VII is divided into 13 Subchapters. (a) Subchapter A contains introductory information intended to serve as a guide to the rest of the Chapter and to the regulatory requirements and definitions generally applicable to the programs and persons covered by the Act. (b) Subchapter B contains regulations covering the initial regulatory program which apply before the applicability of permanent program regulations to persons conducting surface coal mining and reclamation operations and other persons covered by the Act. (c) Subchapter C sets forth regulations covering applications for and decisions on permanent State programs; the process to be followed for substituting a Federal program for an approved State program, if necessary; the process for assuming temporary Federal enforcement of an approved State program; and the process for implementing a Federal program in a State when required by the Act. (d) Subchapter D identifies the procedures that apply to surface coal mining and reclamation operations conducted on Federal lands rather than State or private lands and incorporates by reference the permit requirements of Subchapter G, the performance bond and insurance requirements of Subchapter J, the performance standards of Subchapter K, the inspection and enforcement requirements of Subchapter L, and the blaster's certification requirements of Subchapter M. (e) (1) Subchapter F implements the requirements of the Act for: (i) Designating lands which are unsuitable for all or certain types of surface coal mining operations; (ii) Terminating designations no longer found to be appropriate; and (iii) Prohibiting surface coal mining and reclamation operations on those lands or areas where the Act states that surface coal mining operations should not be permitted or should be permitted only after specified determinations are made. (2) Subchapter F does not include regulations governing designation of areas unsuitable for noncoal mining under the terms of Section 601 of the Act or the designation of Federal lands under the Federal lands review provisions of Section 522(b) of the Act. The Bureau of Land Management of the Department of the Interior is responsible for these provisions which will be implemented when promulgated by regulations in Title 43 of the Code of Federal Regulations. (f) Subchapter G governs applications for and decisions on permits for surface coal mining and reclamation operations on non-Indian and non-Federal lands under a State or Federal program. It also governs coal exploration and permit application and decisions on permits for special categories of coal mining on non-Indian and non-Federal lands under a State or Federal program. Regulations implementing the experimental practices provision of the Act are also included in Subchapter G. (g) Subchapter J sets forth requirements for performance bonds and public liability insurance for both surface mining and underground mining activities. (h) Subchapter K sets forth the environmental and other performance standards which apply to coal exploration and to surface coal mining and reclamation operations during the permanent regulatory program. The regulations establish the minimum requirements for operations under State and Federal programs. Performance standards applicable to special mining situations such as anthracite mines, steep slope mining, alluvial valley floors, and prime farmlands are included. (i) Subchapter L sets forth the inspection, enforcement, and civil penalty provisions that apply to a State, Federal, or Federal lands program. (j) Subchapter M sets forth the requirements for the training, examination, and certification of blasters. (k) Subchapter P sets forth the provisions for protection of employees who initiate proceedings under the Act or testify in any proceedings resulting from the administration or enforcement of the Act. (l) Subchapter R sets forth the regulations for the abandoned mine land reclamation program. These regulations include the fee collection requirements and the mechanisms for implementing the State and Federal portions of the abandoned mine land reclamation program. (m) Subchapter S sets forth the regulations that apply to grants for mining and mineral research institutes and grants for mineral research projects. 30 CFR Sec. 700.2 OBJECTIVE The objective of Chapter VII is to fulfill the purposes of the Act found in Section 102 in a manner which is consistent with the language of the Act, its legislative history, other applicable laws, and judicial interpretations. 30 CFR Sec. 700.3 AUTHORITY The Secretary is authorized to administer the requirements of the Act, except the following: (a) Provisions of the Act that authorize the Secretary of Agriculture to establish programs for the reclamation of rural lands, identification of prime agricultural lands, and other responsibilities described in the Act. Regulations promulgated by the Secretary of Agriculture are in 7 CFR; (b) Provisions of the Act for which responsibility is specifically assigned to other Federal agencies, including the Department of Labor, the Environmental Protection Agency, the Corps of Engineers, the Council on Environmental Quality, and the Department of Energy; and (c) Authority retained by the States to enforce State laws or regulations {15314} which are not inconsistent with the Act and this Chapter, including the authority to enforce more stringent land use and environmental controls and regulations. 30 CFR Sec. 700.4 RESPONSIBILITY. (a) The Director of the Office of Surface Mining Reclamation and Enforcement, under the general direction of the Assistant Secretary, Energy and Minerals, is responsible for exercising the authority of the Secretary, except for the following: (1) Approval, disapproval or withdrawal of approval of a State program and implementation of a Federal program. The Director is responsible for exercising the authority of the Secretary to substitute Federal enforcement of a State program under Section 521(b) of the Act. (2) Designation of lands as unsuitable for all or certain types of surface coal mining operations under Section 522 of the Act and as unsuitable for noncoal mining under Section 601 of the Act; and (3) Authority to approve or disapprove mining plans to conduct surface coal mining and reclamation operations on Federal lands. (b) The Director is responsible for consulting with Federal land-managing agencies and Federal agencies with responsibility for natural and historic resources on Federal lands on actions which may have an effect on their responsibilities. (c) The States are responsible for the regulation of surface coal mining and reclamation operations under the initial regulatory program and surface coal mining and reclamation operations and coal exploration under an approved State program and the reclamation of abandoned mine lands under an approved State Reclamation Plan on non- Federal and non-Indian lands in accordance with procedures in this Chapter. (d) The Secretary may delegate to a State through a cooperative agreement certain authority relating to the regulation of surface coal mining and reclamation operations on Federal lands in accordance with 30 CFR Part 745. (e) The Director, Office of Hearings and Appeals, U.S. Department of the Interior, is responsible for the administration of administrative hearings and appeals required or authorized by the Act pursuant to the regulations in 43 CFR Part 4. 30 CFR Sec. 700.5 DEFINITIONS. As used throughout this chapter, the following terms have the specified meaning except where otherwise indicated ACT means the Surface Mining Control and Reclamation Act of 1977 (Pub. L. 95-87). ANTHRACITE means coal classified as anthracite in ASTM Standard D 388-77. Coal classifications are published by the American Society of Testing and Materials under the title, Standard Specification for Classification of Coals by Rank, ASTM D 388-77, on pages 220 through 224. Table 1 which classifies the coals by rank is presented on page 223. This publication is hereby incorporated by reference as it exists on the date of adoption of these regulations. Notices of changes made to this publication will be periodically published by the Office of Surface Mining in the Federal Register . This ASTM Standard is on file and available for inspection at the OSM Office, U.S. Department of the Interior, South Interior Building, Washington, D.C. 20240, at each OSM Regional Office, District Office and Field Office, and at the central office of the applicable State Regulatory Authority, if any. Copies of this publication may also be obtained by writing to the above locations. A copy of this publication will also be on file for public inspection at the Federal Register Library, 1100 "L" St., N.W., Washington, D.C. Incorporation by reference provisions approved by the Director of the Federal Register February 7, 1979. The Director's approval of this incorporation by reference expires on February 7, 1980. COAL means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by ASTM Standard D 388-77, referred to and incorporated by reference in the definition of "anthracite" immediately above. DEPARTMENT means the Department of the Interior. DIRECTOR means the Director, Office of Surface Mining Reclamation and Enforcement, or the Director's representative. FEDERAL LANDS means any land, including mineral interests, owned by the United States, without regard to how the United States acquired ownership of the lands or which agency manages the lands. It does not include Indian lands. However, lands or mineral interests east of the 100th meridian west longitude owned by the United States and entrusted to or managed by the Tennessee Valley Authority are not subject to Sections 714 (surface owner protection) and 715 (federal lessee protection) of the Act. FEDERAL LANDS PROGRAM means a program established by the Secretary pursuant to Section 523 of the Act to regulate surface coal mining and reclamation operations on Federal lands. FUND means the Abandoned Mine Reclamation Fund established pursuant to Section 401 of the Act. INDIAN LANDS means all lands, including mineral interests, within the exterior boundaries of any Federal Indian reservation, notwithstanding the issuance of any patent, and including rights-of-way, and all lands including mineral interests held in trust for or supervised by an Indian tribe. INDIAN TRIBE means any Indian tribe, band, group, or community having a governing body recognized by the Secretary. OFFICE means the Office of Surface Mining Reclamation and Enforcement established under Title II of the Act. REGIONAL DIRECTOR means a Regional Director of the Office or a Regional Director's representative. PERSON means an individual, Indian tribe when conducting surface coal mining and reclamation operations on non-Indian lands, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative or other business organization and any agency, unit, or instrumentality of Federal, State or local government including any publicly owned utility or publicly owned corporation of Federal State or local government. PERSON HAVING AN INTEREST WHICH IS OR MAY BE ADVERSELY AFFECTED or PERSON WITH A VALID LEGAL INTEREST shall include any person: (a) Who uses any resource of economic, recreational, esthetic, or environmental value that may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Secretary or the State regulatory authority; or (b) Whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Secretary or the State regulatory authority. PUBLIC OFFICE means a facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours. REGULATORY AUTHORITY means the department or agency in each State which has primary responsibility at the State level for administering the Act in the initial program, or the State regulatory authority where the State is administering the Act under a State regulatory program, or the Secretary in the initial or permanent program where the Secretary is administering the Act, or the Secretary when administering a Federal program or Federal lands program or when enforcing a State program pursuant to Section 521(b) of the Act. {15315} REGULATORY PROGRAM means any approved State or Federal program. SECRETARY means the Secretary of the Interior or the Secretary's representative. STATE REGULATORY AUTHORITY means the department or agency in each State which has primary responsibility at the State level for administering the initial or permanent State regulatory program. SURFACE COAL MINING OPERATIONS means: (a) Activities conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements of Section 516 of the Act, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce. Such activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal for interstate commerce at or near the mine-site, provided, these activities do not include the extraction of coal incidental to the extraction of other minerals, where coal does not exceed 16 2/3 per centum of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to Section 512 of the Act; and Provided further, that excavation for the purpose of obtaining coal includes extraction of coal from coal refuse piles; and (b) Areas upon which the activities described in paragraph (a) above occur or where those activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of those activities and for haulage and excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or material on the surface, resulting from or incident to those activities. SURFACE COAL MINING AND RECLAMATION OPERATIONS means surface coal mining operations and all activities necessary or incidental to the reclamation of such operations. This term includes the term surface coal mining operations. TON means 2000 pounds avoirdupois (.90718 metric ton). 30 CFR Sec. 700.11 APPLICABILITY. This Chapter applies to all coal exploration and surface coal mining and reclamation operations, except:_ (a) The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her. Noncommercial use does not include the extraction of coal by one unit of an integrated company or other business or nonprofit entity which uses the coal in its own manufacturing or power plants; (b) The extraction of coal for commercial purposes where the surface coal mining and reclamation operation affects two acres or less, but not any such operation conducted by a person who affects or intends to affect more than two acres at physically related sites, or any such operation conducted by a person who affects or intends to affect more than two acres at physically unrelated sites within one year; (c) The extraction of 250 tons of coal or less by a person conducting a surface coal mining and reclamation operation. A person who intends to remove more than 250 tons is not exempted; (d) The extraction of coal as an incidental part of Federal, State or local government-financed highway or other construction in accordance with 30 CFR Part 707; (e) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the mineral tonnage removed for commercial use or sale; (f) The extraction of coal on Indian lands in accordance with 25 CFR 177, Subpart B; and (g) Coal exploration on Federal lands outside a permit area. 30 CFR Sec. 700.12 PETITIONS TO INITIATE RULEMAKING (a) Any person may petition the Director to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Act. The petition shall be submitted to the Office of the Director, Office of Surface Mining Reclamation and Enforcement, Department of the Interior, Washington, D.C. 20240. (b) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendment, or repeal of a regulation under the Act and shall indicate whether the petitioner desires a public hearing. (c) Upon receipt of the petition, the Director shall determine if the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical justification or law previously considered in a petition or rulemaking on the same issue shall not provide a reasonable basis. If the Director determines that the petition has a reasonable basis, a notice shall be published in the Federal Register seeking comments from the public on the proposed change. The Director may hold a public hearing, may conduct an investigation or take other action to determine whether the petition should be granted. (d) Within 90 days from receipt of the petition, the Director shall issue a written decision either granting or denying the petition. The Director's decision shall constitute the final decision for the Department. (1) If the petition is granted, the Director shall initiate a rulemaking proceeding. (2) If the petition is denied, the Director shall notify the petitioner in writing, setting forth the reasons for denial. 30 CFR Sec. 700.13 NOTICE OF CITIZEN SUITS (a) A person who intends to initiate a civil action on his or her own behalf under Section 520 of the Act shall give notice of intent to do so, in accordance with this Section. (b) Notice shall be given by certified mail to the Secretary and the Director in all cases and to the head of the State regulatory authority, if a complaint involves or relates to a specific State. A copy of the notice shall be sent by first class mail to the Regional Director, if the complaint involves or relates to surface coal mining and reclamation operations in a specific region of the Office. (c) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any regulation, order, or permit issued under the Act. (d) Service of notice under this Section is complete upon mailing to the last known address of the person being notified. (e) A person giving notice regarding an alleged violation shall state, to the extent known_ (1) Sufficient information to identify the provision of the Act, regulation, order, or permit allegedly violated; (2) The act or omission alleged to constitute a violation; (3) The name, address, and telephone numbers of the person or persons responsible for the alleged violation; (4) The date, time, and location of the alleged violation; (5) The name, address, and telephone number of the person giving notice; and (6) The name, address, and telephone number of legal counsel, if any, of the person giving notice. (f) A person giving notice of an alleged failure by the Secretary or a State regulatory authority to perform a mandatory act or duty under the Act shall state, to the extent known: {15316} (1) The provision of the Act containing the mandatory act or duty allegedly not performed; (2) Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the Act; (3) The name, address, and telephone number of the person giving notice; and (4) The name, address, and telephone number of legal counsel, if any, of the person giving notice. 30 CFR Sec. 700.14 AVAILABILITY OF RECORDS (a) Records required by the Act to be made available locally to the public shall be retained at the geographically closest office of the State or Federal regulatory authority having jurisdiction over the area involved. (b) Other records or documents in the possession of the Office may be requested under 43 CFR Part 2, which implements the Freedom of Information Act and the Privacy Act. 30 CFR Sec. 700.15 COMPUTATION OF TIME (a) Except as otherwise provided, computation of time under this Chapter is based on calendar days. (b) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal holiday on which the regulatory authority is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. (c) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of prescribed time is 7 days or less. CODE OF FEDERAL REGULATIONS TITLE 30 - MINERAL RESOURCES CHAPTER VII - DEPARTMENT OF THE INTERIOR, OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ("OSM" or "OSMRE") Permanent Program Final Rules 44 FR 14902, 15312 (March 13, 1979) SUBCHAPTER A - GENERAL 30 CFR Part 701 - PERMANENT REGULATORY PROGRAM 30 CFR 701.1 Scope 30 CFR 701.2 Objective. 30 CFR 701.3 Authority. 30 CFR 701.4 Responsibility. 30 CFR 701.5 Definitions. 30 CFR 701.11 Applicability. AUTHORITY : Sections 102, 201, 501_529, 701, 702, 705, 708, 711, 713, 714, 715, 716, 717, 719, Pub. L. 95- 87, 91 Stat. 448, 449, 467 515, 516, 519, 520, 521, 523, 524, 525, and 526 (30 U.S.C. 1202, 1211, 1251 1279, 1291, 1292, 1295, 1298, 1301, 1303, 1304, 1305, 1306, 1307, and 1309). 30 CFR Sec. 701.1 SCOPE (a) This Part provides general introductory material for the permanent regulatory program required by the Act. (b) The following regulations apply to the permanent regulatory program: (1) Subchapter C on State program application, approval, withdrawal, and grants, and Federal program implementation; (2) Subchapter D on surface coal mining and reclamation operations on Federal lands; (3) Subchapter F on criteria for designating lands unsuitable for surface coal mining operations and the process for designating these lands or withdrawing the designation by the regulatory authority: (4) Subchapter G on the process for application, approval, denial, revision, and renewal of permits for surface coal mining and reclamation operations, including the small operator assistance program, requirements for special categories of these operations, and requirements for coal exploration; (5) Subchapter J on public liability insurance and performance bonds or other assurances of performance for surface coal mining and reclamation operations; (6) Subchapter K on performance standards which apply to coal exploration, surface coal mining and reclamation operations, and special categories of these operations; (7) Subchapter L on inspection and enforcement responsibilities and civil penalties; and (8) Subchapter M on the training, examination, and certification of blasters. 30 CFR Sec. 701.2 OBJECTIVE The regulations in this Part give: (a) A general overview of the regulatory program to be implemented by the State or Federal regulatory authority; (b) The applicability of that program to coal exploration and surface coal mining and reclamation operations; and (c) The definitions that apply to the regulation of coal exploration and surface coal mining and reclamation operations. 30 CFR Sec. 701.3 AUTHORITY The Secretary is required by Sections 501(b) and 523 of the Act to promulgate regulations which establish the permanent regulatory program and Federal lands program created by the Act. 30 CFR Sec. 701.4 RESPONSIBILITY (a) A State regulatory authority shall assume primary responsibility for regulation of coal exploration and surface coal mining and reclamation operations during the permanent regulatory program upon submission to and approval by the Secretary of a State program meeting all applicable requirements of the Act and this Chapter. After approval of the State program, the State regulatory authority has responsibility for review of and decisions on permits and bonding for surface coal mining and reclamation operations, approval of coal exploration which substantially disturbs the natural land surface and removes more than 250 tons of coal from the earth in any one location, inspection of coal exploration and surface coal mining and reclamation operations for compliance with the Act, this Chapter, the State program, permits and exploration approvals, and for enforcement of the State program. (b) While a State regulatory program is in effect, the Office's responsibility includes, but is not limited to _ (1) Evaluating the administration of the State program through such means as periodic inspections of coal exploration and surface coal mining and reclamation operations in the State and review of exploration approvals, permits, inspection reports, and other documents required to be made available to the Office; (2) Referring to the State regulatory authority information which creates reasonable belief that a person is in violation of the Act, this Chapter, the State regulatory program, a permit condition, or coal exploration approval condition, and initiating an inspection when authorized by the Act or this Chapter; (3) Issuing notices of violation when a State regulatory authority fails to take appropriate action to cause a violation to be corrected; and (4) Issuing cessation orders, including imposing affirmative obligations, when a condition, practice, or violation exists which creates an imminent danger to the health or safety of the public, or is causing or could reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources. (c) The Office shall implement a Federal program in a State, if that State does not have an approved State program by June 3, 1980. The Office shall not implement a Federal program in a State for a period of up to 1 year following that date if the State's failure to have an approved program by that date is due to an injunction imposed by a court of competent jurisdiction. (d) Under a Federal program, the Office shall be the regulatory authority for all coal exploration and surface coal mining and reclamation operations in that State and shall perform the functions that a State regulatory authority would perform under an approved State program. (e) During the period in which a State program is in effect, the Office shall assume responsibility for enforcing permit conditions, issuing new or revised permits, and issuing necessary notices and orders, when required by 30 CFR 733. {15317} (f) The Secretary shall substitute a Federal program under 30 CFR 736 for an approved State program, when required by 30 CFR 733. (g) The Secretary shall have the responsibility for administration of the Federal lands program. The Director and other Federal authorities shall have the responsibilities under a Federal lands program as are provided for under Subchapter D of this Chapter. In addition, State regulatory authorities shall have responsibilities to administer the Federal lands program as provided for under cooperative agreements approved by the Secretary in accordance with 30 CFR 745. 30 CFR Sec. 701.5 DEFINITIONS As used in this Chapter, the following terms have the specified meanings, except where otherwise indicated: ACID DRAINAGE means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining and reclamation operations. ACID-FORMING MATERIALS means earth materials that contain sulfide minerals or other materials which, if exposed to air, water, or weathering processes, form acids that may create acid drainage. ADJACENT AREA means land located outside the affected area, permit area, or mine plan area, depending on the context in which adjacent area is used, where air, surface or ground water, fish, wildlife, vegetation or other resources protected by the Act may be adversely impacted by surface coal mining and reclamation operations. AFFECTED AREA means, with respect to surface mining activities, any land or water upon or in which those activities are conducted or located. With respect to underground mining activities, affected area means: (i) any water or surface land upon or in which those activities are conducted or located; and (ii) land or water which is located above underground mine workings. AGRICULTURAL activities means, with respect to alluvial valley floors, the use of any tract of land for the production of animal or vegetable life, where the use is enhanced or facilitated by subirrigation or flood irrigation associated with alluvial valley floors. These uses include, but are not limited to, the pasturing, grazing, or watering of livestock, and the cropping, cultivation, or harvesting of plants whose production is aided by the availability of water from subirrigation or flood irrigation. Those uses do not include agricultural practices which do not benefit from the availability of water from subirrigation or flood irrigation. AGRICULTURAL USE means the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants. ALLUVIAL VALLEY FLOORS means the unconsolidated stream-laid deposits holding streams with water availability sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits formed by unconcentrated runoff or slope wash, together with talus, or other mass-movement accumulations, and windblown deposits. APPLICANT means any person seeking a permit from a regulatory authority to conduct surface coal mining and reclamation operations pursuant to a State, Federal, or Federal lands program. APPROXIMATE ORIGINAL CONTOUR means that surface configuration achieved by backfilling and grading of the mined areas so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where the regulatory authority has determined that they comply with 30 CFR 816.49 and 816.56, 816.133 or 817.49, 817.56, and 817.133. AQUIFER means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use. ARID AND SEMIARID AREA means, in the context of alluvial valley floors, an area of the interior western United States, west of the 100th meridian west longitude, experiencing water deficits, where water use by native vegetation equals or exceeds that supplied by precipitation. All coalfields located in North Dakota west of the 100th meridian west longitude, all coalfields in Montana, Wyoming, Utah, Colorado, New Mexico, Idaho, Nevada, and Arizona, the Eagle Pass field in Texas, and the Stone Canyon and the Ione fields in California are in arid and semiarid areas. AUGER MINING means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface. BEST TECHNOLOGY CURRENTLY AVAILABLE means equipment, devices, systems, methods, or techniques which will (a) prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable State or Federal laws; and (b) minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods, or techniques which are currently available anywhere as determined by the Director, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds in accordance with 30 CFR 816 and 817. Within the constraints of the permanent program, the regulatory authority shall have the discretion to determine the best technology currently available on a case-by-case basis, as authorized by the Act and this Chapter. COAL EXPLORATION means the field gathering of: (a) surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical, or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or (b) the gathering of environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of this Chapter. COAL PROCESSING PLANT means a collection of facilities where run-of-the-mine coal is subjected to chemical or physical processing and separated from its impurities. The processing plant may consist of, but need not be limited to, the following facilities: loading facilities; storage and stockpile facilities; sheds, shops and other buildings; water treatment and water storage facilities; settling basins and impoundments; coal processing and other waste disposal areas; roads, railroads and other transport facilities. COAL PROCESSING WASTE means earth materials which are combustible, physically unstable, or acid- forming or toxic-forming, which are wasted or otherwise separated from product coal, and slurried or otherwise transported from coal preparation plants, after physical or chemical processing, cleaning, or concentrating of coal. COMBUSTIBLE MATERIAL means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise. {15318} COMPACTION means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment. CROPLAND means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. DISTURBED AREA means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of performance required by Subchapter J of this Chapter is released. DIVERSION means a channel, embankment, or other manmade structure constructed to divert water from one area to another. DOWNSLOPE means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor. EMBANKMENT means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes. EPHEMERAL STREAM means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table. ESSENTIAL HYDROLOGIC FUNCTIONS means the role of an alluvial valley floor in collecting, storing, regulating, and making the natural flow of surface or ground water, or both, usefully available for agricultural activities by reason of the valley floor's topographic position, the landscape and the physical properties of its underlying materials. A combination of these functions provides a water supply during extended periods of low precipitation. (a) The role of the valley floor in collecting water includes accumulating runoff and discharge from aquifers in sufficient amounts to make the water available at the alluvial valley floor greater than the amount available from direct precipitation. (b) The role of the alluvial valley floor in storing water involves limiting the rate of discharge of surface water, holding moisture in soils, and holding ground water in porous materials. (c)(1) The role of the alluvial valley floor in regulating the natural flow of surface water results from the characteristic configuration of the channel flood plain and adjacent low terraces. (2) The role of alluvial valley floor in regulating the natural flow of ground water results from the properties of the aquifers which control inflow and outflow. (d) The role of the alluvial valley floor in making water usefully available for agricultural activities results from the existence of flood plains and terraces where surface and ground water can be provided in sufficient quantities to support the growth of agriculturally useful plants, from the presence of earth materials suitable for the growth of agriculturally useful plants, from the temporal and physical distribution of water making it accessible to plants throughout the critical phases of the growth cycle either by flood irrigation or by subirrigation, from the natural control of alluvial valley floors in limiting destructive extremes of stream discharge, and from the erosional stability of earth materials suitable for the growth of agriculturally useful plants. EXISTING STRUCTURE means a structure or facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction begins prior to the approval of a State program or implementation of a Federal program or Federal lands program, whichever occurs first. FEDERAL PROGRAM means a program established by the Secretary pursuant to Section 504 of the Act to regulate coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands within a State in accordance with the Act and this Chapter. (a) Complete Federal program means a program established by the Secretary pursuant to Section 504 of the Act before June 3, 1980, or upon the complete withdrawal of a State program after June 3, 1980, by which the Director regulates all coal exploration and surface coal mining and reclamation operations. (b) Partial Federal program means a program established by the Secretary pursuant to Sections 102, 201 and 504 of the Act upon the partial withdrawal of a State program, by which the Director may regulate appropriate portions of coal exploration and surface coal mining and reclamation operations. FLOOD IRRIGATION means, with respect to alluvial valley floors, supplying water to plants by natural overflow or the diversion of flows, so that the irrigated surface is largely covered by a sheet of water. FUGITIVE DUST means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed. GROUND WATER means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated. HALF-SHRUB means a perennial plant with a woody base whose annually produced stems die back each year. HEAD-OF-HOLLOW FILL means a fill structure consisting of any material, other than coal processing waste and organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest point are greater that 20 or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10 . In fills with less than 250,000 cubic yards of material, associated with contour mining, the top surface of the fill will be at the elevation of the coal seam. In all other head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area. HIGHWALL means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities. HISTORICALLY USED FOR CROPLAND means (1) lands that have been used for cropland for any 5 years or more out of the 10 years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease or option the conduct of surface coal mining and reclamation operations; (2) lands that the regulatory authority determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific 5-years-in-10 criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or (3) lands that would likely have been used as cropland for any 5 out of the last 10 years, immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land. {15319} HYDROLOGIC BALANCE means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage. HYDROLOGIC REGIME means the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration. IMMINENT DANGER TO THE HEALTH AND SAFETY OF THE PUBLIC means the existence of any condition or practice, or any violation of a permit or other requirements of the Act in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement. IMPOUNDMENT means a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment, or waste. IN SITU PROCESSES means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining. INTERMITTENT STREAM means: (a) A stream or reach of a stream that drains a watershed of at least one square mile, or (b) A stream or reach of a stream that is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge. LAND USE means specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the regulatory authority. (a) CROPLAND means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories. (b) PASTURELAND or LAND OCCASIONALLY CUT FOR HAY. Land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included. (c) GRAZINGLAND. Includes both grasslands and forest lands where the indigenous vegetation is actively managed for grazing, browsing, or hay occasional production. Land used for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included. (d) FORESTRY. Land used or managed for the long-term production of wood, wood fiber, or wood derived products. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included. (e) RESIDENTIAL. Includes single- and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use. (f) INDUSTRIAL/COMMERCIAL. Land used for: (1) Extraction or transformation of materials for fabrication of products, wholesaling of products or for long- term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road, and other transportation facilities. (2) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage or shipping facilities. (g) Recreation. Land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses. (h) Fish and wildlife habitat. Land dedicated wholly or partially to the production, protection or management of species of fish or wildlife. (i) Developed water resources. Includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply. (j) Undeveloped land or no current use or land management. Land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession. MATERIALLY DAMAGE THE QUANTITY OR QUALITY OF WATER means, with respect to alluvial valley floors, changes in the quality or quantity of the water supply to any portion of an alluvial valley floor where such changes are caused by surface coal mining and reclamation operations and result in changes that significantly and adversely affect the composition, diversity, or productivity of vegetation dependent on subirrigation, or which result in changes that would limit the adequacy of the water for flood irrigation of the irrigable land acreage existing prior to mining. MINE PLAN AREA means the area of land and water within the boundaries of all permit areas during the entire life of the surface coal mining and reclamation operations. At a minimum, it includes all areas which are or will be affected during the entire life of those operations. Other terms defined in this Section which relate closely to mine plan area are: (1) permit area, which will always be within or the same as the mine plan area; (2) affected area, which will always be within or the same as the permit area; and (3) adjacent area, which may surround or extend beyond the affected area, permit area, or mine plan area. MOIST BULK DENSITY means the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity (1/3 bar moisture tension). Weight is determined after drying the soil at 105 C. MULCH means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth. {15320} NOXIOUS PLANTS means species that have been included on official State lists of noxious plants for the State in which the surface coal mining and reclamation operation occurs. OPERATOR means any person engaged in coal mining who removes or intends to remove more than 250 tons of coal from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location. OUTSLOPE means the face of the spoil or embankment sloping downward from the highest elevation to the toe. OVERBURDEN means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil. PERENNIAL STREAM means a stream or part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream. PERFORMANCE BOND means a surety bond, collateral bond or self-bond or a combination thereof, by which a permittee assures faithful performance of all the requirements of the Act, this Chapter, a State, Federal or Federal lands program, and the requirements of the permit and reclamation plan. PERMANENT DIVERSION means a diversion remaining after surface coal mining and reclamation operations are completed which has been approved for retention by the regulatory authority and other appropriate State and Federal agencies. PERMIT means a permit to conduct surface coal mining and reclamation operations issued by the State regulatory authority pursuant to a State program or by the Secretary pursuant to a Federal program. For purposes of the Federal lands program, permit means the document issued authorizing surface coal mining and reclamation operations on Federal lands, after approval of a mining plan by the Secretary, and, where a cooperative agreement pursuant to Section 523 of the Act has been executed, the State regulatory authority. PERMIT AREA means the area of land and water within the boundaries of the permit which are designated on the permit application maps, as approved by the regulatory authority. This area shall include, at a minimum, all areas which are or will be affected by the surface coal mining and reclamation operations during the term of the permit. PERMITTEE means a person holding or required by the Act or this Chapter to hold a permit to conduct surface coal mining and reclamation operations issued by a State regulatory authority pursuant to a State program, by the Director pursuant to a Federal program, by the Director pursuant to a Federal lands program, or, where a cooperative agreement pursuant to Section 523 of the Act has been executed, by the Director and the State regulatory authority. PRECIPITATION EVENT means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in these regulations, precipitation event also includes that quantity of water emanating from snow cover as snowmelt in a limited period of time. PRIME FARMLAND means those lands which are defined by the Secretary of Agriculture in 7 CFR 657 (Federal Register Vol. 4 No. 21) and which have historically been used for cropland as that phrase is defined above. RANGELAND means land on which the natural potential (climax) plant cover is principally native grasses, forbs, and shrubs valuable for forage. This land includes natural grasslands and savannahs, such as prairies, and juniper savannahs, such as brushlands. Except for brush control, management is primarily achieved by regulating the intensity of grazing and season of use. RECHARGE CAPACITY means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation. RECLAMATION means those actions taken to restore mined land as required by this Chapter to a postmining land use approved by the regulatory authority. RECURRENCE INTERVAL means the interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years. REFERENCE AREA means a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally or by crop production methods approved by the regulatory authority. Reference areas must be representative of geology, soil, slope, and vegetation in the permit area. RENEWABLE RESOURCE LANDS means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazinglands. ROAD means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or surface coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side area, approaches, structures, ditches, surface, and such contiguous appendages as are necessary for the total structure. The term includes access and haul roads constructed, used, reconstructed, improved, or maintained for use in coal exploration or surface coal mining and reclamation operations, including use by coal-hauling vehicles leading to transfer, processing, or storage areas. The term does not include pioneer or construction roadways used for part of the road construction procedure and promptly replaced by a Class I, Class II, or Class III road located in the identical right-of-way as the pioneer or construction roadway. The term also excludes any roadway within the immediate mining pit area. (a) Class I Road means a road that is utilized for transportation of coal. (b) Class II Road means any road, other than a Class I Road, planned to be used over a 6-month period or longer. (c) Class III Road means any road, other than a Class I Road, planned to be used over a period of less than 6 months. SAFETY FACTOR means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices. SEDIMENTATION POND means a primary sediment control structure designed, constructed and maintained in accordance with 30 CFR 816.46 and including but not limited to a barrier, dam, or excavated depression which slows down water runoff to allow sediment to settle out. A sedimentation pond shall not include secondary sedimentation control structures, such as straw dikes, riprap, check dams, mulches, dugouts and other measures that reduce overland flow velocity, reduce runoff volume or trap sediment, to the extent that such secondary sedimentation structures drain to a sedimentation pond. SIGNIFICANT, IMMINENT ENVIRONMENTAL HARM TO LAND, AIR OR WATER RESOURCES means: (a) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plant and animal life. (b) An environmental harm is imminent, if a condition, practice, or violation exists which _ (1) Is causing such harm; or, (2) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under Section 521(a)(3) of the Act. (c) An environmental harm is significant if that harm is appreciable and not immediately reparable. {15321} SLOPE means average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (e.g., 1v: 5h). It may also be expressed as a percent or in degrees. SOIL HORIZONS means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The three major soil horizons are: (a) A HORIZON. The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest. (b) B HORIZON. The layer that typically is immediately beneath the A horizon and often called the subsoil. This middle layer commonly contains more clay, iron, or aluminum than the A or C horizons. (c) C HORIZON. The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity. SOIL survey means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in 30 CFR 785.17(b)(1). SPECIAL BITUMINOUS COAL MINES means those mines in existence on January 1, 1972, or mines adjoining or having a common boundary with those mines for which development began after August 3, 1977, that are located in the State of Wyoming and that are being mined or will be mined according to the following criteria: (a) Surface mining takes place on a relatively limited site for an extended period of time. The surface opening of the excavation is at least the full size of the excavation and has a continuous border. (b) Excavation of the mine pit follows a coal seam that inclines 15 or more from the horizontal, and as the excavation proceeds downward it expands laterally to maintain stability of the pitwall or as necessary to accommodate the orderly expansion of the total mining operation. (c) The amount of material removed from the pit is large in comparison to the surface area disturbed. (d) There is no practicable alternative to the deep open-pit method of mining the coal. (e) There is no practicable way to reclaim the land as required in Subchapter K. SPOIL means overburden that has been removed during surface coal mining operations. STABILIZE means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating. STATE PROGRAM means a program established by a State and approved by the Secretary pursuant to Section 503 of the Act to regulate surface coal mining and reclamation operations on non-Indian and non-Federal lands within that State, according to the requirements of the Act and this Chapter. If a cooperative agreement under Part 745 has been entered into, a State program may apply to Federal lands, in accordance with the terms of the cooperative agreement. STEEP SLOPE means any slope of more than 20 or such lesser slope as may be designated by the regulatory authority after consideration of soil, climate, and other characteristics of a region or State. SUBIRRIGATION means, with respect to alluvial valley floors, the supplying of water to plants from underneath or from a semi-saturated or saturated subsurface zone where water is available for use by vegetation. Subirrigation may be identified by: (a) Diurnal fluctuation of the water table, due to the differences in night-time and daytime evapotranspiration rates; (b) Increasing soil moisture from a portion of the root zone down to the saturated zone, due to capillary action; (c) Mottling of the soils in the root zones; (d) Existence of an important part of the root zone within the capillary fringe or water table of an alluvial aquifer; or (e) An increase in streamflow or a rise in ground water levels, shortly after the first killing frost on the valley floor. SUBSTANTIALLY DISTURB means, for purposes of coal exploration, to impact significantly upon land, air or water resources by such activities as blasting, mechanical excavation, drilling or altering coal or water exploratory holes or wells, construction of roads and other access routes, and the placement of structures, excavated earth, or other debris on the surface of land. SURFACE MINING ACTIVITIES means those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam, before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location. SUSPENDED SOLIDS or NONFILTERABLE RESIDUE, expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water and analyses (40 CFR 136). TEMPORARY DIVERSION means a diversion of a stream or overland flow which is used during coal exploration or surface coal mining and reclamation operations and not approved by the regulatory authority to remain after reclamation as part of the approved postmining land use. TOPSOIL means the A soil horizon layer of the three major soil horizons. TOXIC-FORMING MATERIALS means earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water. TOXIC MINE DRAINAGE means water that is discharged from active or abandoned mines or other areas affected by coal exploration or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it. UNCONSOLIDATED STREAMLAID DEPOSITS holding streams means, with respect to alluvial valley floors, all flood plains and terraces located in the lower portions of topographic valleys which contain perennial or other streams with channels that are greater than 3 feet in bankfull width and greater than 0.5 feet in bankfull depth. UNDERGROUND DEVELOPMENT WASTE means waste rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of during development and preparation of areas incident to underground mining activities. UNDERGROUND MINING ACTIVITIES means a combination of : (a) Surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed; and (b) Underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting. {15322} UNDEVELOPED RANGELAND means, for purposes of alluvial valley floors, lands where the use is not specifically controlled and managed. UPLAND AREAS means, with respect to alluvial valley floors, those geomorphic features located outside the floodplain and terrace complex, such as isolated higher terraces, alluvial fans, pediment surfaces, landslide deposits, and surfaces covered with residuum, mud flows or debris flows, as well as highland areas underlain by bedrock and covered by residual weathered material or debris deposited by sheetwash, rillwash, or windblown material. VALLEY FILL means a fill structure consisting of any material other than coal waste and organic material that is placed in a valley where side slopes of the existing valley measured at the steepest point are greater than 20 or the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 . WATER TABLE means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone. 30 CFR Sec. 701.11 APPLICABILITY (a) Any person who conducts surface coal mining and reclamation operations on non-Indian or non-Federal lands on or after 8 months from the date of approval of a State program or implementation of a Federal program shall have a permit issued pursuant to the applicable State or Federal program. However, under conditions specified in 30 CFR 771.13(b), a person may continue operations under a previously issued permit after 8 months from the date of approval of a State program or implementation of a Federal program. (b) Any person who conducts surface coal mining and reclamation operations on Federal lands must comply with the performance standards of Subchapter K of this Chapter 6 months from the effective date of this Chapter, and must obtain a new permit pursuant to 30 CFR 741 on or before 8 months from the date of approval of a State program or implementation of a Federal program. However, under conditions specified in 30 CFR 741.11(d), a person may continue such operations after 8 months after the date of approval of a State program or implementation of a Federal program. (c) After the effective date of Subchapter D of this Chapter, any person intending to start surface coal mining and reclamation operations on Federal lands or to increase the acreage to be mined beyond that in a mining plan approved pursuant to 30 CFR 211 before the effective date of Subchapter D, shall obtain a permit pursuant to 30 CFR Subchapter D. (d) The requirements of Subchapter K of this Chapter shall be effective and shall apply to each surface coal mining and reclamation operation which is required to obtain a permit under the Act, on the earliest date upon which the Act and this Chapter require a permit to be obtained, except: (1) as provided in Paragraph (e) of this Section; and (2) that any surface coal mining and reclamation operation on Federal lands shall comply with Subchapter K of this Chapter as required in 30 CFR 741.11. (e)(1) Each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of Subchapter K of this Chapter, except that: (i) An existing structure which meets the performance standards of Subchapter K of this Chapter but does not meet the design requirements of Subchapter K of this Chapter may be exempted from meeting those design requirements by the regulatory authority. The regulatory authority may grant this exemption on non-Indian and non- Federal lands only as part of the permit application process after obtaining the information required by 30 CFR 780.12 or 784.12 and after making the findings required in 30 CFR 786.21 or, on Federal lands as required by 30 CFR 741.11. (ii) If the performance standard of Subchapter B of this Chapter is at least as stringent as the comparable performance standard of Subchapter K of this Chapter, an existing structure which meets the performance standards of Subchapter B of this Chapter may be exempted by the regulatory authority from meeting the design requirements of Subchapter K of this Chapter. The regulatory authority may grant this exemption on non-Indian and non-Federal lands only as part of the permit application process after obtaining the information required by 30 CFR 780.12 or 784.12 and after making the findings required in 30 CFR 786.21 or, on Federal lands as required by 30 CFR 741.11. (iii) An existing structure which meets a performance standard of Subchapter B of this Chapter which is less stringent than the comparable performance standards of Subchapter K of this Chapter or which does not meet a performance standard of Subchapter K of this Chapter for which there was no equivalent performance standard in Subchapter B of this Chapter shall be modified or reconstructed to meet the design standard of Subchapter K of this Chapter pursuant to a compliance plan approved by the regulatory authority on non-Indian and non-Federal lands only as part of the permit application as required in 30 CFR 780.12 or 784.12 and according to the findings required by 30 CFR 786.21 or, on Federal lands as required by 30 CFR 741.11; (iv) An existing structure which does not meet the performance standards of Subchapter B of this Chapter and which the applicant proposes to use in connection with or to facilitate the coal exploration or surface coal mining and reclamation operation shall be modified or reconstructed to meet the design standards of Subchapter K prior to issuance of the permit. (2) The exemptions provided in Paragraph (e)(1)(i) and (e)(1)(ii) shall not apply to: (i) The requirements for existing and new waste piles used either temporarily or permanently as dams or embankments; and (ii) The requirements to restore the approximate original contour of the land. (f)(1) Any person conducting coal exploration on non-Federal and non-Indian lands on or after the date on which a State program is approved or a Federal program implemented, shall either file a notice of intention to explore or obtain approval of the regulatory authority, as required by 30 CFR 776. (2) Coal exploration performance standards in 30 CFR 815 shall apply to coal exploration on non-Federal and non-Indian lands which substantially disturbs the natural land surface 2 months after approval of a State program or implementation of a Federal program. CODE OF FEDERAL REGULATIONS TITLE 30 - MINERAL RESOURCES CHAPTER VII - DEPARTMENT OF THE INTERIOR, OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ("OSM" or "OSMRE") Permanent Program Final Rules 44 FR 14902, 15312 (March 13, 1979) SUBCHAPTER A - GENERAL 30 CFR Part 705 - RESTRICTION ON FINANCIAL INTEREST OF STATE EMPLOYEES 30 CFR 705.1 Purpose. 30 CFR 705.2 Objectives. 30 CFR 705.3 Authority. 30 CFR 705.4 Responsibility. 30 CFR 705.5 Definitions. 30 CFR 705.6 Penalties. 30 CFR 705.11 Who shall file. 30 CFR 705.13 When to file. 30 CFR 705.15 Where to file. 30 CFR 705.17 What to report. 30 CFR 705.18 Gifts and gratuities. 30 CFR 705.19 Resolving prohibited interests. 30 CFR 705.21 Appeals procedures. AUTHORITY: Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87, Sections 201(c) and 517(g). 30 CFR Sec. 705.1 PURPOSE This part sets forth the minimum policies and procedures that States must establish and use to implement Section 517(g) of the Act in order to be eligible for reimbursement of costs of enforcing and administering the initial regulatory program under Section 502, or for grants for developing, administering and enforcing a State regulatory program under Section 705 of the Act, or to assume primary regulatory authority under Section 503 of the Act (Pub. L. 95-87). Compliance with the policies and procedures in this part will satisfy the requirements of Section 517(g) of the Act. Section 517(g) prohibits certain employees of the State Regulatory Authority from having any direct or indirect financial interest in any underground or surface coal mining operation. The regulations in this part are applicable to employees of the State Regulatory Authority as defined in Sec. 705.5. 30 CFR Sec. 705.2 OBJECTIVES The objectives of this part are: (a) To ensure that the States adopt a standard program for implementing the provisions in Section 517(g) of the Act. (b) To establish methods which will ensure, as required by Section 517(g) of the Act, that each employee of the State Regulatory Authority who performs any function or duty under the Act does not have a direct or indirect financial interest in any underground or surface coal mining operation. (c) To establish the methods by which the monitoring, enforcing and reporting responsibilities of the Secretary of the Interior as stated in Section 517(g) will be accomplished. 30 CFR Sec. 705.3 AUTHORITY (a) The Secretary of the Interior is authorized by Pub. L. 95-87 to: (1) Establish the methods by which he or she and State officials will monitor and enforce the provisions contained in Section 517(g) of the Act; (2) Establish appropriate provisions for employees of the State Regulatory Authority who perform any function or duty under the Act to file a statement and supplements thereto in order to identify any financial interest which may be affected by Section 517(g), and (3) Report annually to the Congress the actions taken and not taken during the preceding calendar year under Section 517(g) of the Act. (b) The Governor of the State, the Head of the State Regulatory Authority, or such other State official designated by State law, is authorized to expand the provisions in this part in order to meet the particular needs within the State. (c) The Office of Audit and Investigation, U.S. Department of the Interior, is authorized to conduct on behalf of the Secretary periodic audits related to the provisions contained in Section 517(g) of the Act and related to the provisions in this part. These audits will be conducted on a cyclical basis or upon request of the Secretary or the Director. 30 CFR Sec. 705.4 RESPONSIBILITY (a) The Head of each State Regulatory Authority shall: (1) Provide advice, assistance, and guidance to all State employees required to file statements pursuant to Sec. 705.11; (2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each employee, to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation; (3) Resolve prohibited financial interest situations by ordering or initiating remedial action or by reporting the violations to the Director who is responsible for initiating action to impose the penalties of the Act; (4) Certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved, and that no other prohibited interests have been identified from the statement; (5) Submit to the Director such statistics and information as he or she may request to enable preparation of the required annual report to Congress; (6) Submit to the Director the initial listing and the subsequent annual listings of positions as required by Sec. 705.11(b), (c) and (d); (7) Furnish a blank statement 45 days in advance of the filing date established by Sec. 705.13(a) to each State employee required to file a statement; and (8) Inform annually each State employee required to file a statement with the Head of the State Regulatory Authority, or such other official designated by State law or regulation, of the name, address, and telephone number of the person whom they may contact for advice and counseling. (b) The Director, Office of Surface Mining Reclamation and Enforcement, shall: (1) Provide advice, assistance, and counseling to the Heads of all State Regulatory Authorities concerning implementation of these regulations; (2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each Head of the State Regulatory Authority. The Director will review the statement to determine if the Head of the State Regulatory Authority has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation; (3) Recommend to the State Attorney General, or such other State official designated by State law or the Governor of the State, the remedial action to be ordered or initiated, recommend to the Secretary that action be taken to impose the penalties of the Act, or recommend to the Secretary that other appropriate action be taken with respect to reimbursements, grants, or State programs; (4) Certify on each statement filed by the Head of the State Regulatory Authority that the State has completed the review of the statement, that prohibited financial interests have been resolved, and that no other prohibited interests have been identified from the statement; (5) Monitor the program by using reports requested from Heads of State Regulatory Authorities and by using periodic audits performed by the Office of Audit and Investigation, U.S. Department of the Interior; (6) Prepare for the Secretary of the Interior a consolidated report to the Congress as part of the annual report submitted under Section 706 of the Act, on the actions taken and not taken during the preceding calendar year under Section 517(g); (7) Designate if so desired other qualified Office of Surface Mining Reclamation and Enforcement employees as assistant counselors to assist with the operational duties associated with filing and reviewing the statements from the Heads of each State Regulatory Authority; (8) Furnish a blank statement by December 15 of each year, to the Head of each State Regulatory Authority; and (9) Inform annually, the Head of each State Regulatory Authority of the requirement to file his or her statement with the Director and supply the name, address, and telephone number of the person whom they may contact for advice and counseling. (c) State Regulatory Authority employees performing any duties or functions under the Act shall: (1) Have no direct or indirect financial interest in coal mining operations; (2) File a fully completed statement of employment and financial interest 120 days after these regulations become effective or upon entrance to duty, and annually thereafter on the specified filing date; and (3) Comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action. 30 CFR Sec. 705.5 DEFINITIONS ACT. Means the Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87. COAL MINING OPERATION. Means the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities occur. EMPLOYEE. Means (i) any person employed by the State Regulatory Authority who performs any function or duty under the Act, and (ii) advisory board or commission members and consultants who perform any function or duty under the Act, if they perform decisionmaking functions for the State Regulatory Authority under the authority of State law or regulations. However, members of advisory boards or commissions established in accordance with State law or regulations to represent multiple interests are not considered to be employees. State officials may through State law or regulations expand this definition to meet their program needs. PERFORMING ANY FUNCTION OR DUTY UNDER THIS ACT. Means those decisions or actions, which if performed or not performed by an employee, affect the programs under the Act. DIRECT FINANCIAL INTEREST. Means ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships. INDIRECT FINANCIAL INTEREST. Means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest. PROHIBITED FINANCIAL INTEREST. Means any direct or indirect financial interest in any coal mining operation. OFFICE. Means the Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior. DIRECTOR. Means the Director or Acting Director of the Office of Surface Mining Reclamation and Enforcement within the U.S. Department of the Interior. SECRETARY. Means the Secretary of the Interior. STATE REGULATORY AUTHORITY. Means that office in each State which has primary responsibility at the State level for administering this Act. Until an office is established under the provisions of Section 503 or Section 504 of the Act, this term shall refer to those existing State offices having primary jurisdiction for regulating, enforcing, and inspecting any surface coal mining and reclamation operations within the State during the interim period between the effective date of the Act and the establishment of the State Regulatory Authority under Section 503 or Section 504. 30 CFR Sec. 705.6 PENALTIES (a) Criminal penalties are imposed by Section 517(g) of the Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87. Section 517(g) prohibits each employee of the State Regulatory Authority who performs any function or duty under the Act from having a direct or indirect financial interest in any underground or surface coal mining operation. The Act provides that whoever knowingly violates the provisions of Section 517(g) shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both. (b) Regulatory penalties are imposed by this part. The provisions in Section 517(g) of the Act make compliance with the financial interest requirements a condition of employment for employees of the State Regulatory Authority who perform any functions or duties under the Act. Accordingly, an employee who fails to file the required statement will be considered in violation of the intended employment provisions of Section 517(g) and will be subject to removal from his or her position. 30 CFR Sec. 705.11 WHO SHALL FILE (a) Any employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Head of the State Regulatory Authority not to involve performance of any function or duty under the Act or who is no longer employed by the State Regulatory Authority at the time a filing is due, is not required to file a statement. (b) The Head of each State Regulatory Authority shall prepare a list of those positions within the State Regulatory authority that do not involve performance of any functions or duties under the Act. State Regulatory Authorities may be organized to include more activities than are covered by the Act. For example, if a State has identified its Department of Natural Resources as the State Regulatory Authority there may be only one or two offices within that Department which have employees who perform any functions or duties under the Act. In those cases, the Head of the State Regulatory Authority shall list the title of boards, offices, bureaus or divisions within the State Regulatory Authority which do not perform any functions or duties under the Act and list the positions not performing functions or duties under the Act for only those boards, offices, bureaus or divisions that do have some employees performing functions or duties under the Act. Only those employees who are employed in a listed organizational unit or who occupy a listed position will be exempted from the filing requirements of Section 517(g) of the Act. (c) The Head of each State Regulatory Authority shall prepare and submit to the Director, an initial listing of positions that do not involve performance of any functions or duties under the Act within 60 days of the effective date of these regulations. (d) The Head of each State Regulatory Authority shall annually review and update this listing. For monitoring and reporting reasons, the listing must be submitted to the Director and must contain a written justification for inclusion of the positions listed. Proposed revisions or a certification that revision is not required shall be submitted to the Director by no later than September 30 of each year. The Head of each State Regulatory Authority may revise the listing by the addition or deletion of positions at any time he or she determines such revisions are required to carry out the purpose of the law or the regulations of this part. Additions to and deletions from the listing of positions are effective upon notification to the incumbents of the positions added or deleted. (e) The Secretary of the Director may modify the listing at any time one or both of them determines that the listing submitted by the Head of a State Regulatory Authority indicates that coverage is not sufficient to carry out the purpose of the law or the regulations of this part. 30 CFR Sec. 705.13 WHEN TO FILE (a) Employees performing functions or duties under the Act shall file: (1) Within 120 days of the effective date of these regulations; and (2) Annually on February 1 of each year, or at such other date as may be agreed to by the Director, provided that such alternative date will allow sufficient time to obtain information needed by the Director for his or her annual report to the Congress. (b) New employees hired, appointed, or transferred to perform functions or duties under the Act will be required to file at the time of entrance to duty. (c) New employees are not required to file an annual statement on the subsequent annual filing date if this date occurs within two months after their initial statement was filed. For example, an employee entering duty on December 1, 1978 would file a statement on that date. Because December 1 is within two months of February 1 the employee would not be required to file his or her next annual statement until February 1, 1980. 30 CFR Sec. 705.15 WHERE TO FILE (a) The head of the State Regulatory Authority shall file his or her statement with the Director. All other employees as provided in Sec. 705.11, shall file their statement with the head of the State Regulatory Authority or such other official as may be designated by State law or regulation. 30 CFR Sec. 705.17 WHAT TO REPORT (a) Each employee shall report all information required on the statement of employment and financial interests of the employee, his or her spouse, minor children, or other relatives who are fulltime residents of the employee's home. The report shall be on OSM Form 705-1 as provided by the Office. The statement consists of three major parts, (1) a listing of all financial interests, including employment, security, real property, creditor and other financial interests held during the course of the preceding year, (2) a certification that none of the listed financial interests represent a direct or indirect financial interest in an underground or surface coal mining operation except as specifically identified and described by the employee as part of the certificate, and (3) a certification by the reviewer that the form was reviewed, that prohibited interests have been resolved, and that no other prohibited interests have been identified from the statement. (b) Listing of all financial interests. The statement will set forth the following information regarding any financial interest: (1) Employment . Any continuing financial interests in business entities and nonprofit organizations through a pension or retirement plan, shared income, salary or other income arrangement as a result of prior or current employment. The employee, his or her spouse or other resident relative is not required to report a retirement plan from which he or she will receive a guaranteed income. A guaranteed income is one which is unlikely to be changed as a result of actions taken by the State Regulatory Authority. (2) Securities. Any financial interest in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities or other arrangements including trusts. An employee is not required to report holdings in widely diversified mutual funds, investment clubs or regulated investment companies not specializing in underground and surface coal mining operations. (3) Real Property . Ownership, lease, royalty or other interests or rights in lands or minerals. Employees are not required to report lands developed and occupied for a personal residence. (4) Creditors . Debts owed to business entities and nonprofit organizations. Employees are not required to report debts owed to financial institutions, (banks, savings and loan associations, credit unions, and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short term debts for current and ordinary household and living expenses. (c) Employee certification, and, if applicable, a listing of exceptions. (1) The statement will provide for a signed certification by the employee that to the best of his or her knowledge, (i) none of the listed financial interests represent an interest in an underground or surface coal mining operation except as specifically identified and described as exceptions by the employee as part of the certificate, and (ii) the information shown on the statement is true, correct, and complete. (2) An employee is expected to (i) have complete knowledge of his or her personal involvement in business enterprises such as a sole proprietorship and partnership, his or her outside employment and the outside employment of the spouse and other covered relatives, and (ii) be aware of the information contained in the annual financial statement or other corporate or business reports routinely circulated to investors or routinely made available to the public. (3) The exceptions shown in the employee certification of the form must provide enough information for the Head of the State Regulatory Authority to determine the existence of a direct or indirect financial interest. Accordingly, the exceptions should: (i) List the financial interests; (ii) Show the number of shares, estimated value or annual income of the financial interests; and (iii) Include any other information which the employee believes should be considered in determining whether or not the interest represents a prohibited interest. (4) Employees are cautioned to give serious consideration to their direct and indirect financial interests before signing the statement of certification. Signing the certification without listing known prohibited financial interests may be cause for imposing the penalties prescribed in Sec. 705.6(a). 30 CFR Sec. 705.18 GIFTS AND GRATUITIES (a) Except as provided in paragraph (b) of this section, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or any other thing of monetary value, from a coal company which: (1) Conducts or is seeking to conduct, operations or activities that are regulated by the State Regulatory Authority; or (2) Has interests that may be substantially affected by the performance or non-performance of the employee's official duty. (b) The prohibitions in paragraph (a) of this section do not apply in the context of obvious family or personal relationships, such as those between the parents, children, or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors. An employee may accept: (1) Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner, or other meeting where an employee may properly be in attendance; and (2) Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal value. (c) Employees found guilty of violating the provisions of this section will be subject to administrative remedies in accordance with existing or adopted State regulations or policies. 30 CFR Sec. 705.19 RESOLVING PROHIBITED INTERESTS (a) Actions to be taken by the Head of the State Regulatory Authority: (1) Remedial action to effect resolution. If an employee has a prohibited financial interest, the Head of the State Regulatory Authority shall promptly advise the employee that remedial action which will resolve the prohibited interest is required within 90 days. (2) Remedial action may include: (i) Reassignment of the employee to a position which performs no function or duty under the Act, or (ii) Divestiture of the prohibited financial interest, or (iii) Other appropriate action which either eliminates the prohibited interest or eliminates the situation which creates the conflict. (3) Reports of noncompliance. If 90 days after an employee is notified to take remedial action that employee is not in compliance with the requirements of the Act and these regulations, the Head of the State Regulatory Authority shall report the facts of the situation to the Director who shall determine whether action to impose the penalties prescribed by the Act should be initiated. The report to the Director shall include the original or a certified true copy of the employee's statement and any other information pertinent to the Director's determination, including a statement of actions being taken at the time the report is made. (b) Actions to be taken by the Director: (1) Remedial action to effect resolution. Violations of the regulations in this part of the Head of a State Regulatory Authority, will be cause for remedial action by the Governor of the State or other appropriate State official based on recommendations from the Director on behalf of the Secretary. The Governor or other appropriate State official shall promptly advise the Head of the State Regulatory Authority that remedial action which will resolve the prohibited interest is required within 90 days. (2) Remedial action should be consistent with the procedures prescribed for other State employees by Sec. 705.19(a)(2). (3) Reports of noncompliance. (i) If 90 days after the Head of a State Regulatory Authority is notified to take remedial action the Governor or other appropriate State official notifies the Director that the Head of the State Regulatory Authority is not in compliance with the Act and these regulations, the Director shall report the facts of the situation to the Secretary who shall determine whether the action to impose the penalties prescribed by the Act, or to impose the eligibility restrictions prescribed by Sec. 705.1 should be initiated. (ii) Within 30 days of receipt of a noncompliance report from the Head of a Regulatory Authority under Sec. 705.19(a)(3), the Director shall notify the Head of the State Regulatory Authority and the employee involved of additional time for resolution or the initiation of action to impose the penalties prescribed by the Act. 30 CFR Sec. 705.21 APPEALS PROCEDURES Employees have the right to appeal an order for remedial action under Sec. 705.19, and shall have 30 days to exercise this right before disciplinary action is initiated. RULES AND REGULATIONS (a) Employees other than the Head of the State Regulatory Authority, may file their appeal, in writing, through established procedures within their particular State. (b) The Head of the State Regulatory Authority may file his or her appeal, in writing, with the Director who will refer it to the Conflict of Interest Appeals Board within the U.S. Department of the Interior. CODE OF FEDERAL REGULATIONS TITLE 30 - MINERAL RESOURCES CHAPTER VII - DEPARTMENT OF THE INTERIOR, OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ("OSM" or "OSMRE") Permanent Program Final Rules 44 FR 14902, 15312 (March 13, 1979) SUBCHAPTER A - GENERAL 30 CFR Part 706 - RESTRICTIONS ON FINANCIAL INTERESTS OF FEDERAL EMPLOYEES 30 CFR 706.1 Purpose. 30 CFR 706.2 Objectives. 30 CFR 706.3 Definitions. 30 CFR 706.4 Authority. 30 CFR 706.5 Responsibility. 30 CFR 706.6 Penalties. 30 CFR 706.11 Who shall file. 30 CFR 706.13 When to file. 30 CFR 706.15 Where to file. 30 CFR 706.17 What to report. 30 CFR 706.18 Gifts and gratuities. 30 CFR 706.19 Resolving prohibited interests. 30 CFR 706.21 Appeals procedures. AUTHORITY: Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87, sec. 201 (c) and (f). 30 CFR Sec. 706.1 PURPOSE This part sets forth the minimum policies and procedures to be followed by Federal employees to satisfy the requirements of Section 201(f) of the Act. The requirements of this part are in addition to Executive Order 11222 of May 8, 1965, and other applicable regulations related to conflict of interest. Section 201(f) prohibits certain Federal employee from having any direct or indirect financial interest in underground or surface coal mining operations. The regulations of this part are applicable to Federal employees as defined in Sec. 706.3. 30 CFR Sec. 706.2 OBJECTIVES The objectives of this part are: (a) To ensure that affected Federal agencies adopt a standard program for implementing the provisions in Section 201(f) of the Act. (b) To establish methods which will ensure, as required by section 201(f) of the Act, that each Federal employee who performs any function or duty under the Act does not have a direct or indirect financial interest in an underground or surface coal mining operation. (c) To establish the methods by which the monitoring, enforcing and reporting responsibilities of the director and the Secretary of the Interior under Section 201(f) will be accomplished. 30 CFR Sec. 706.3 DEFINITIONS ACT . Means the Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87. COAL MINING OPERATION . Means the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite or lignite or of reclaiming the areas upon which such activities occur. EMPLOYEE. Means any person employed by the Office of Surface Mining Reclamation and Enforcement within the U.S. Department of the Interior and any other person employed by the Federal Government who performs functions or duties under the Act without regard to the duration or nature of his or her appointment. PERFORMING ANY FUNCTION OR DUTY UNDER THIS ACT . Means those decisions or actions, which if performed or not performed by an employee, affect the programs under the Act. DIRECT FINANCIAL INTEREST. Means ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships. INDIRECT FINANCIAL INTEREST. Means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest. PROHIBITED FINANCIAL INTEREST. Means any direct or indirect financial interest in any coal mining operation. OFFICE. Means the Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior. DIRECTOR. Means the Director or Acting Director of the Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior. SECRETARY. Means the Secretary of the Interior. OTHER FEDERAL AGENCY. Means any executive Federal agency or office or part thereof not a part of the U.S. Department of the Interior, and includes but is not limited to, the following agencies: The Department of Agriculture, the Department of Justice, the Corps of Engineers, the Environmental Protection Agency, the Council on Environmental Quality and the Energy Research and Development Administration. 30 CFR Sec. 706.4 AUTHORITY (a) The Director is authorized by Public Law 95-87 to: (1) Establish the methods by which the provisions in Section 201(f) of the Act will be monitored and enforced; (2) Establish appropriate provisions for all employees who perform any function or duty under the Act to file a statement and supplements thereto concerning their financial interests which may be affected by Section 201(f); and (3) Report annually to the Congress on the actions taken and not taken during the preceding calendar year under Section 201(f) of the Act. (b) Other Federal agencies with employees who perform functions or duties under the Act may adopt financial interest regulations pursuant to the Act which are consistent with the requirements in this part. If any such agency does not adopt regulations pursuant to this part, that agency shall enter into a memorandum of understanding with the Director, to have the employees of that agency who perform functions or duties under the Act file their statements with the Director. The Director will review statements filed with him or her, applying the regulations of the Department of the Interior. Where the Director determines that remedial action is necessary, he or she will refer the case to the employing agency with a recommendation as to the action to be taken. (c) The Office of Audit and Investigation within the U.S. Department of the Interior will conduct periodic audits of Interior's compliance with the provisions contained in section 201(f) of the Act and the provisions of this part. The Office of Audit and Investigation will arrange for such periodic audits of other Federal agencies to be performed by the audit unit of each such agency. The audits will be conducted on a cyclical basis or upon request of the Secretary of the Interior or the Director. Copies of all audit reports and related responses on corrective actions will be provided to the Director. 30 CFR Sec. 706.5 RESPONSIBILITY (a) The Director, the Head of each other Federal agency, and the Head of each other bureau or office within the U.S. Department of the Interior, have the following common responsibilities concerning employees within their organizations performing any functions or duties under the Act, and shall: (1) Provide advice, assistance and counseling to employees concerning financial interest matters related to the Act; (2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each employee to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation; (3) Certify on each statement that review has been made, that prohibited financial interests if any, have been resolved, and that no other prohibited interests have been identified from the statement; (4) Resolve prohibited financial interest situations by promptly notifying and ordering the employee to take remedial action within 90 days, or by initiating action to impose the penalties of the Act; (5) Furnish a blank statement by December 15 of each year to each employee required to file a statement within his or her employing organization; and (6) Inform annually each employee required to file a statement within his or her employing organization of the name, address, and telephone number of the person whom they may contact for advice and counseling. (b) In addition to the common responsibilities in Sec. 706.5(a) the Director shall; (1) Monitor the program by using reports requested from the Heads of other Federal agencies, from the Heads of other bureaus and offices within the U.S. Department of the Interior, and by using periodic audits performed by the Office of Audit and Investigation, U.S. Department of the Interior and by other Federal agencies; (2) Prepare for the Secretary a consolidated report to the Congress as part of the annual report submitted under Section 706 of the Act, on the actions taken and not taken during the preceding calendar year under Section 201(f); (3) Refer recommendations to officials of other Federal agencies concerning those cases requiring remedial action for employees of the other Federal agency who filed with the Director because that other Federal agency did not choose to adopt its own financial interest regulations pursuant to the Act. (4) Report to the Solicitor, U.S. Department of the Interior, through the Office of Audit and Investigation, U.S. Department of the Interior, cases of knowing violations of the provisions in Section 201(f). The Solicitor will transfer such reports to the U.S. Department of Justice. (5) Designate, if so desired, other qualified Office employees as assistant counselors to assist with the operational duties associated with filing and reviewing financial statements; (6) Furnish an adequate supply of blank statements to the Heads of those other Federal agencies which decide to have their employees file with the Director; and (7) Submit to the Department of the Interior Ethics Counselor such statistics and information he may request in accordance with 43 CFR 20.735-17 as adopted. (c) In addition to the common responsibilities in Sec. 706.5(a), the Head of each other Federal agency with employees performing any functions or duties under the Act shall: (1) Decide whether to adopt independent procedures for the filing and review of financial statements or to enter into a memorandum of understanding with the Director that the U.S. Department of the Interior will provide and review the financial statements and recommend any necessary remedial action to the Head of the employing agency; (2) Submit to the Director such statistics and information the Director may request to enable preparation of the required annual report to the Congress, and to ensure uniform application of the provision in Section 201(f) of the Act; and (3) Report to the Director and the U.S. Department of Justice cases of knowing violations of the provisions in section 201(f). (d) In addition to the common responsibilities in Sec. 706.5(a), the Heads of other bureaus or offices within the U.S. Department of the Interior with employees performing any functions or duties under the Act shall: (1) Submit to the Director such statistics and information the Director may request to enable preparation of the required annual report to Congress, and to ensure uniform application of provisions in Section 201(f) of the Act; (2) Submit to the Department of the Interior Ethics Counselor such statistics and information he may request in accordance with 43 CFR 20.735-17 as adopted, and (3) Report to the Director cases of knowing violations of the provisions in Section 201(f). (e) Employees shall: (1) Have no direct or indirect financial interests in coal mining operations; (2) File a fully completed statement of employment and financial interests 120 days after these regulations become effective or upon entrance to duty, and annually thereafter on the specified filing date, and (3) Comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action. 30 CFR Sec. 706.6 PENALTIES (a) Criminal penalties are imposed by Section 201(f) of the Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87, which prohibits each employee of the Office or any other Federal employee who performs any function or duty under the Act from having a direct or indirect financial interest in underground or surface coal mining operations. The Act provides that whoever knowingly violates the provisions of Section 201(f) shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment for not more than one year, or both. (b) Regulatory penalties are imposed by this part. The provisions in Section 201(f) of the Act make compliance with the financial interest requirements a condition of employment for all Office employees and for other Federal employees who perform any functions or duties under the Act. Accordingly, an employee who fails to file the required financial statement will be considered in violation of the intended employment provisions of Section 201(f) and will be subject to removal from his or her position. 30 CFR Sec. 706.11 WHO SHALL FILE (a) Every employee in the Office is required to file a statement of employment and financial interests. (b) Any other Federal employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. The Head of each other Federal agency and the Heads of other bureaus and offices within the U.S. Department of the Interior shall prepare and submit a report within 60 days of the effective date of these regulations, either listing the Federal positions identified as performing functions or duties under the Act, or listing the organizational unit and showing the total number of employees within the unit who must file a statement. Revision to the listing or certification that revision is not required shall be submitted to the Director by no later than September 30 of each year. The Secretary, the Director, or the Heads of the other affected Federal organizations may revise the list by the addition or deletion of positions at any time such revisions are required to carry out the purpose